Benami Transactions (Prohibition) Act, 1988 -- Benami purchase - Courts are usually guided by the circumstances: (a) (a) the source from which the purchase money came; (b) the nature and possession of the property after the purchase; (c) motive, if any, for giving the transaction a benami colour; (d) the position of the parties and the relationship if any between claimant..........
Evidence Act, 1872, Section 101 -- Benami - Burden of proving the benami nature of transaction rests on the person asserting it to be so...........
Benami transaction -- For arriving at a conclusion that a transaction was benami or not the real test would be as to what was the source from which the consideration came but when it is not possible to establish conclusively as to where from the consideration came the case must be dealt with on reasonable probabilities and legal inferences...........
Benami Transactions (Prohibition) Act, 1988, Section 2(a), 3 -- `Provided' in clause (a) - Cannot be construed in relation to source or sources from which real transferee made up funds for buying sale consideration - Words `paid or provided' are disjunctively employed in S.2(a) and each has to be tagged with word `consideration' - Appellant had availed himself of the help..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Burden of proof - Is on the person who puts forward the plea...........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Proof - The courts are usually guided by the circumstances : (1) the source from which the purchase money came; (2) the nature and possession of the property after the purchase; (3) motive, if any, for giving the transaction a benami colour; (4) the position of the parties and the relationship,..........
Benami Transaction -- Burden of proof - Suit for possession - Defence of benami - Defendants have to discharge initial burden of proof and establish plea of benami - When both sides adduced evidence question of burden of proof pales into insignificance...........
Sale deed -- Executed by Power of Attorney holder - Suit for declaration that such sale transaction be declared illegal, void being Benami transaction without any consideration effected with sole aim to deprive the plaintiff of her legitimate right to the property - Sale transactions appear suspicious especially when vendees are none other than sons of real brother of..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Person in whose name property is purchased is presumed to be real owner - Onus of proving that transaction is benami is on claimant...........
Benami transaction -- Plaintiff, tax driver having taxi permit in his name - Defendant purchased taxi in plaintiff's name but himself paying instalments - Relevant documents though in plaintiff's name were in custody of defendant - Taxi also in defendant's custody - Held, defendant is real owner of taxi and plaintiff is merely a benamidar...........
